The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1887-01-26
STATE OF VERMONT,
IL CHANCERY. WAsHINGTON COUNTY,
SEPTEMBER TERM. lss6.

lanes Il. LupgdoH etai vs.. harrington Il LauoWe
Haiy00d RI dt
Whereas. jed Z. Clark. Lucieu Il. Howe, Edward
r Hatch and John Gregory Smith have this. day
filed in Court their cross-bll in the above,entitled
cause against the burlington n Lamoille Railroad
Company Jo ID, Hatch and Calvin II; Blodgett of
Rugngt99 IN the county }y OF GhtteHden, LaGimS 81
Montpelier, in the County of Washington, and Ben
iorth in substance that on the 10Th day Of Marcel,
1879, the burlington Lamoille Railroad Company,
legally existing corporation of this State, duly
cuted mortgage deed of the railroad of said Com
pany, extending from the CITY of Burlington, in
noble County about thirty-iive miles, together with
the franchise of said Company, all the rolling stock,
pamy, to jo D. Hatch and Calvin H. Blodgett Of Bur
lington and Lucius }. \. stark of the City of New
York as trustees, to hold said mortgaged property
for the security and payment of bonds issued by said
thousand dollars. ninetytve per cent of said bonds
10 be for the sum of one thousand dollars each and
each all payable in five years from the LIST day of No
vember. l>7s with interest coupons attached payable
num- that all of said bonds so secured by said mort
gage were duly issued by said Company and are now
able amount of interest said bonds in arrear but
how much they do not know and the orators be
min p, Cheney of Boston, Mass, and 10 ID, Hatch
are holding of said bonds. The orators further
set forth that afterwards. on the 18th day of May,
1879 the said Burlington Lamoille Railroad Com
ppr"6erty 'by the same description to Jed r. Clark
iucien b Howe and Edward f. Hatch, three of these
orators. as trustees to hold the same i'll trust to Sc
Company To the amount of six hundred nd fifty
November l. is7s and III ali other respects to he OF
the same characer as the bonds secured by ne hrst
were issued 10y said Company and are all now out
The orators believe that j Gregory Smith. JED +.
Clark, Edward W. Peck and George l.. ltnsley are
term Ss6 of the Court of Chancery in Washing
ton County the said 10 D. Hatch, Calvin II Bod-
Il. Iangdon aud Benjamin 7. Cheney, as bondhold-
ers, duly entered IN said Court their petition against
he ri a a.
against Jed r. Clark, iucien B. Howe and Edward
decree of foreclosure of the said fist mortgage
above set forth, and the said cause is now pending
in said Court and the defendants therein, or some
of them have filed an answer and are making de-
Tense thereto, that the orators and defendants in
said petition, having been granted leave for that
purpose by said Court, bring this their cross-bill
against the SAID burlington iamolle Railroad
Company and the orators in said original petition
for the purpose OF being allowed to redeem ne sad
first mortgage, IL the said Court shan decide that
the orators therein are entitled toa decree therein
and also to foreclose the said second mortgage
against the said Burlington lamoille Railroad
Company; and praying that the defendants TO this
hill be required to ans the same fully and par
tcularly; that if it shall be determined by said Court
that the orators I'm said original hill entitled to
due thereon ascerained, these orators may be al
lowed reasonable time to pay the same If the same
shall pay the same. that they he entitled to have
decree for foreclosure against the said Huntington
| Lamolle Railroad Company, not only for the
amount due on said second mortgage hut also for
any sum paid tn redeem the said first mortgage, and
also for any proper relief that their case may re-
quire, And the orators in this bill bring the same,
in behalf of any and all hondholders under said
second mortgage who may choose to come In under
the same. And
| Wbereds II is made to appear that Lucus j. \
Stark aud Benjamin =. Cheney, defendants i'm said
cross-hill, reside and are without TINS state,
whore the process Of this Court cannot he served
! upon them therefore IL is ordered that the said
! Lucius i, ~ Stark and Benjamin T. Cheney be no
tilted of the tendency of said crosshill and sum
| moned to appear and make answer to the same be
fore the Honorable Court of ChanceTy next to he
] held AT Montpelier, within and for the County Of
Washington, on the second tuesday of March, \.
] ID. 1857, at nine o'clock \, NJ, by the publication OF
the substance OF said cross-hll together with this
order thereon, three weeks successfully in the Yer
| mont HatchiaaH a STATE ,ioHrHdi, weekly news
paper published at Montpelier, aforesaid, the last of
witch publications shall be AT least twenty days pre-
yious 10 said second Tuesday of March, a. u. 1857
which shall be deemed sufficient notice to the said
! Iucus a. \. Stark and benjamin 4. Cheney.
| Given under my hand al Montpelier, in the County
of Washington, this lsth day of January, A. ID.
1887. MELVILLE 4. SMILE, Clefk.
' LUKE =. POLAND, Soiictor(or orators,